EDDIE DICKENS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed vehicular homicide conviction because trial court failed to conduct a Richardson hearing on potential Brady violation regarding police interview tape and erred in ordering restitution without determining ability to pay.
The trial court's failure to conduct a Richardson hearing to determine whether a Brady violation occurred constitutes per se reversible error, and restitution cannot be ordered without determining the defendant's ability to pay.
[1] Failure to conduct a Richardson hearing to determine whether a Brady violation occurred constitutes per se reversible error.
[2] Restitution cannot be ordered without a determination of the defendant's ability to pay as required by statute.
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Court's explanation of why reversal was required based on Smith v. State precedent
Eddie Dickens was arrested following a traffic accident that resulted in one death. Police recorded an interview with Dickens, which was later misplac…
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PER CURIAM.
Eddie Dickens appeals from his conviction for vehicular homicide under section 782.071, Florida Statutes (1987). Appellant’s arrest followed a traffic accident which resulted in one death. During the subsequent investigation, the police recorded an interview with Appellant. The tape was later misplaced, but not before it was transcribed. Before trial, the state informed appellant’s counsel of the existence of the tape and transcript but did not make either item available during discovery. The trial court excluded the transcript because it was not the best evidence. Appellant sought a Richardson hearing because the state alluded to the existence of exculpatory statements on the tape. Appellant raises four points on appeal, two of which have merit.
Appellant claims prejudice as a result of the state’s discovery violation and the trial court’s failure to conduct a Richardson hearing. We agree and reverse appellant’s conviction in accord with Smith v. State, 500 So. 2d 125 (Fla.1986), which held the failure to conduct a Richardson hearing to determine whether a Brady violation has occurred, constitutes per se reversible error. Appellant also contends the trial court erred when it ordered restitution without a determination of appellant’s ability to pay as required by section 775.089(6), Florida Statutes (1987). We agree and reverse.
Accordingly, we reverse and grant appellant a new trial consistent with this opinion.
REVERSED and REMANDED.
DELL, WALDEN and POLEN, JJ., concur.
ORDERED that Appellee’s April 10, 1990 Motion for Rehearing is denied. See Polyglycoat Corp. v. Hirsch Dist. Inc., 442 So. 2d 958 (Fla. 4th DCA 1983).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Polyglycoat Corp. v. Hirsch Distribs., Inc., 442 So. 2d 958 (Fla. 4th DCA 1983)
- Smith v. State, 500 So. 2d 125 (Fla. 1986)